Law Med Blog

Full Circle: Winkler County Atty Tidwell Has License Suspended

February 04, 2012 lawmed No comments

Things have been coming full circle in the extraordinary case of the Winkler County Texas Nurse Whistleblower Case over the past year and that circle may just have closed. The last bit of justice seems to have been served with the suspension of former Winkler County Attorney Scott Tidwell’s license to practice law in the state of Texas.

It all began in 2009 when Anne Mitchell and Vicki Galle, two nurses working at Winkler County Memorial Hospital who were responsible for Quality Assurance, Risk Management and Medical Staff privileges advised hospital administrator Stan Wiley that one of their physicians, Dr. Rolando Arafiles, had violated the standard of care, hospital policies and made some serious medical errors. Wiley refused to take any action and told the two they were prohibited from reporting Arafiles to any outside agency without his approval, in violation of state law.

Concerned over the safety of their … (Continued…)

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Winkler’s Tidwell Files Claim Of Indigence For Appeal Fees

December 23, 2011 lawmed No comments

Convicted felon and former Winkler County attorney Scott Tidwell says his household monthly income of $4,500 equates to being indigent and unable to foot the bill for his legal costs in appealing October’s convictions. For his role in the now infamous Winkler County Nurse Whistleblower retaliation case a jury found him guilty of 4 felonies and 2 misdemeanors. He was sentenced to four months in jail, 10 years probation and a $6,000 fine. Tidwell, former Sheriff Robert Roberts, and Dr. Rolando Arafiles were all convicted of felonies and sent to jail. Former hospital administrator Stan Wiley turned state’s evidence and sang like a bird in exchange for a reduction in his charges to misdemeanors and a shortened jail term.

Roberts and Tidwell were removed public offices, and Arafiles and Roberts both lost their licenses. The State Bar of Texas has refused to comment on whether they will rescind Tidwell’s license. … (Continued…)

Texas Attorney General News Release Re: Dr. Arafiles

November 09, 2011 lawmed No comments

lens17813902_1304018572texas-attorney-general

The following is a news release from the Office of the Attorney General of Texas:

11/07/2011 Former Winkler County Memorial Hospital Physician Sentenced for Scheme to Fire Nurses In 2009

Rolando Arafiles Jr. to serve jail time, surrender medical license

KERMIT – A former Winkler County Memorial Hospital physician today pleaded guilty to misusing his position and coordinating with local officials to retaliate against two nurses who filed an anonymous complaint against him with the Texas Medical Board.

Rolando Arafiles Jr., 59, pleaded guilty to two third-degree felonies – misuse of official information and retaliation. Visiting Judge Robert H. Moore III sentenced Arafiles to five years deferred adjudication probation, 60 days in the Andrews County Jail and a $5,000 fine. Arafiles also must surrender his license to practice medicine.

With today’s guilty plea, Arafiles admits to urging former Winkler County Sheriff Robert Roberts and County Attorney Scott Tidwell to … (Continued…)

Winkler Nurse Whistleblower Target Dr. Arafiles Surrenders License

November 06, 2011 lawmed 1 Comment

Kermit, TX -With a hearing scheduled for Monday in a local criminal courtroom where Dr. Rolando Arafiles is expected to enter a guilty plea in an agreement with prosecutors, it appears he has complied with what is likely one of the stipulations of his deal. On Friday, Arafiles signed an agreement with the Texas Medical Board to surrender his license to practice medicine according to the Associated Press. No pending investigation by the Board or other events that we are aware of brought this about.

Arafiles has been charged with two counts of felony misuse of official information and retaliation against two former Winkler County Memorial Hospital nurses who anonymously reported him to the state medical board for shoddy patient care. When Arafiles learned of the complaint he enlisted the help of then county sheriff Robert Roberts, who was his friend, patient and sometimes business partner. Roberts left no stone … (Continued…)

Winkler Dr. Arafiles To Plead Guilty To Felony Charges Nov. 7

October 28, 2011 lawmed No comments

Texas State Attorney David Glickler is saying that Dr. Rolando Arafiles, the physician at the center of the Winkler County Nurse whistleblower retaliation case, is scheduled to enter a guilty plea in court on November 7 at 2 pm.

Arafiles is charged, like former County Attorney Scott Tidwell, former Winkler County Memorial Hospital administrator Stan Wiley and former Sheriff Robert Roberts, with two counts each of felony misuse of official information, retaliation and misdemeanor official oppression.

Both Tidwell and Roberts were found guilty in jury trials. Roberts was sentenced to 100 days in jail, four years probation and his license was stripped. Tidwell was sentenced to 120 days in jail, 10 years probation and was removed from his post. Wiley turned state’s evidence and entered into a plea deal where he plead guilty to a misdemeanor and spent 30 days in the slammer.

Details of Arafiles plea agreement are unknown … (Continued…)

Tidwell Trial Update: TX Medical Board Schools Defense [VIDEO]

September 30, 2011 lawmed No comments

Winkler County Attorney Scott Tidwell faces six charges in connection with the Winkler County nurses’ whistleblower scandal, two counts each of felony misuse of official information and retaliation and misdemeanor official oppression. He is the second to face trial in the scandal, after former sheriff Robert Roberts was found guilty in June of all six charges, and sentenced to four years probation and 100 days in county jail. Former hospital administrator Stan Wiley turned state’s evidence in exchange for a misdemeanor conviction and 30 days in jail. Dr. Rolando Arafiles is awaiting trial on similar charges as well as felony perjury for his false testimony in the trial of one of the nurses, Anne Mitchell.

The prosecution rested late Thursday afternoon in the criminal trial of Winkler County Attorney Scott Tidwell after a day of sometimes contentious testimony. The Executive Director of the Texas Medical Board, Mari Robinson, made … (Continued…)

Winkler County Atty Tidwell Criminal Trial Testimony Begins

September 27, 2011 lawmed No comments

Former felony indicted Winkler County Memorial Hospital Administrator-turned state’s evidence in exchange for a misdemeanor conviction, Stan Wiley, was the first to take the stand today in the first day of testimony in the felony criminal trial of Scott Tidwell. Tidwell is the county attorney and is being tried in a Howard county courtroom.

He faces six charges, two 3rd degree felonies each of misuse of official information, oppression and retaliation against two Winkler County nurses Anne Mitchell and Vicki Lynn Galle after they reported Dr. Rolando Arafiles to the state medical board over concerns of his practice of medicine at the hospital. Gayle and Mitchell were employed in the administration of the hospital and their duties included Quality Assurance, Risk Management and Medical Staff Credentialing. In other words, they were responsible for ensuring the treatment of patients by the medical staff met the standard of care.

Prosecutor David … (Continued…)

Dr. Arafiles Indicted On Felony Perjury

July 06, 2011 lawmed No comments

Dr. Rolando Arafiles, currently awaiting trial on felony charges for his role in the Winkler County Nurse atrocity, has even more to worry about now. Law Med has learned that this past Thursday Arafiles was indicted on by an Andrews County, TX grand jury on aggravated perjury charges for giving false testimony Fecruary 8, 2010 on the witness stand during the trial of Winkler nurse Anne Mitchell. Mitchell was found not guilty by a jury who said they deliberated for 5 minutes before it was clear they all agreed and then chatted about other things because they felt returning in less than an hour would be disrespectful to the lawyers who had worked so hard.

Arafiles answered, “I don’t know, sir,” when asked if he knew how Winker County Sheriff Robert Roberts came to possess contact information for 10 hospital patients who had only been identified by chart numbers … (Continued…)

Winkler Sheriff Trial Day 5 BLOCKBUSTER! 3rd Nurse Sent Complaint

June 11, 2011 lawmed No comments

The prosecution rested their case in The State of Texas v. Robert Roberts yesterday but not before a heretofore unknown 3rd nurse took the stand and testified she also sent a letter of complaint to the Texas Medical Board concerning the medical practice of Dr. Rolando Arafiles.

Winkler County Memorial Hospital nurses Anne Mitchell and Vickie Galle, who were responsible for Quality Assurance and Medical staff credentialing at the facility sent an anonymous letter to the Board (though they revealed themselves to the Board and the Board kept the letter anonymous) listing specific patient care incidents involving Arafiles. After his golfing buddy and former business partner, Dr. Arafiles, came to him complaining someone was making trouble for him with the Board, Sheriff Roberts began an investigation complete with search warrants for computers and deceptive representations to the Board. As a result he arrested Mitchell and Galle and charged them with … (Continued…)

Winkler Nurse Takes Stand As First Witness Against Sheriff

June 08, 2011 lawmed No comments

What a difference a year makes. Once a railroaded criminal defendant forced to sit in court and listen to Sheriff Robert Roberts testify against her in a sham of a criminal proceeding, Anne Mitchell found herself front and center in the witness box against Roberts on Tuesday. During testimony that lasted all day, Mitchell told the jury the steps she took to address the poor medical care of Dr. Rolando Arafiles, and his friendly connections to Roberts and county prosecuting attorney Scott Tidwell, and administrative failures at Winkler County Memorial Hospital.

Roberts’ attorney attempted to paint Mitchell as having a personal vendetta against the good doctor, asking her if she said to a coworker “We need to get rid of that son of a bitch”. Oddly enough this is the same tack that landed Roberts and his cohorts in criminal court in the first place. While Mitchell said she did … (Continued…)

Winkler Prosecutor Seeks Change of Venue For Trial of Sheriff

April 19, 2011 lawmed No comments

A hearing was held Monday in Winkler County District Court on a motion by prosecutor David Glickler seeking to change the venue of the trial of county Sheriff Robert Roberts. Roberts is charged with a number of felonies and misdemeanors for his role in the arrest and prosecution of two Winkler county nurses in retaliation for their reporting a local physician to the state medical board.

Winkler County district clerk Sherry Terry said Judge Robert H. Moore did not immediately rule on the motion and issued a gag order Monday. He could rule on a venue change later this week. Glickler cited local jury pool favoritism towards Roberts as the basis for his motion.

Of the other 3 local gold ol’ boys facing the same charges, county attorney Scott Tidwell and Dr, Rolando Arafiles are also awaiting trial and former hospital administrator Stan Wiley turned state’s evidence in exchange for … (Continued…)

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